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    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #1

    Mar 1, 2009, 05:44 PM
    Custody of 2 children where my ex-husband is the assistant to court judge
    I have 2 children in Syracuse, NY, and I want to know if there's anything else that I can do. My son is almost 15 yrs old, and my daughter is 12 yrs old. My exhusband got with an assistant family court judge a month after I left, and was committing adultery because we weren't separated until 6 months later, and divorced a year after that.

    He has gotten everything he asked for, and I've been rejected for everything. Surprise, surprise. It's been so unfair and bias since day one, and I feel helpless. He also gets the most he can from my salary. I moved away (Virginia) because I couldn't stand him sitting in front of the house way before he was suppose to pick up the children, my ex showing up places I'm at with the children, my ex's wife taking my son out of school without me being able to speak with him, etc.

    My son ended up in a psych ward recently, and I STILL wasn't allow an opportunity to change the situation.

    I've been reading that the age in Virginia is 14 yrs old where a child can decide, but in another article said the age is 18 yrs old.

    Does anyone have any ideas, thoughts, comments, etc.
    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #2

    Mar 1, 2009, 05:46 PM

    CORRECTION - My exhusband is married to the assistant to the family court judge in Syracuse, NY.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Mar 1, 2009, 05:46 PM

    First a child can never "decide" they may testify in court to what they want, but it is up to the judge to decide.

    If there is a conflict of interest with a local judge, you appeal to the chief judge of the court and see about getting the location and judge changed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 1, 2009, 05:54 PM

    And I bet whatever fighting you have done was without an attorney. I'm not surprised that you are running up against stone walls. The first thing your attorney will do is file for a change of venue due to conflict of interest. If your ex is now married to a family court judge, then that court shouldn't have even heard your case. But unless you asked for a change of venue, they don't have to grant it.

    However I must point out that you put yourself behind the 8 ball here by leaving him as well as committing adultery. So you starting with a big disadvantage.

    Get yourself an attorney who can get you past those things.
    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #5

    Mar 5, 2009, 07:40 PM
    Erin Brockovich of child custody-I want to be able to see both my children
    I have 2 children. My daughter is 12 & son 15 yrs now. My ex will let my daughter (12) come to me, but won't let my son, to "visit." My daughter, son & I all agree it's wrong. They live in Syracuse, NY and I live in Reston, VA. My ex is married to an assistant to a family court judge in Syracuse, NY. Can anybody help me? I've spent $40K in the last 11 years with 5 lawyers, and they never filed a venue... Erin Brockovich of family court where are you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 5, 2009, 07:45 PM
    Please don't start another thread for the same question. We already gave you an answer in your original thread. So I've merged them.
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    stone1 Posts: 18, Reputation: 1
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    #7

    Mar 5, 2009, 07:50 PM

    Thank you for taking the time to answer me. The custody was one issue. Today was my daughter visiting me, and he won't let my son come. I can't afford with all my debt from him getting the most he can from child support, and 5 lawyers $40K+ over 11 yrs of trying to get custody of them.
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    neednadvice Posts: 31, Reputation: -3
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    #8

    Mar 23, 2009, 01:25 PM
    Just reading your story is kind of similar to mine. My ex got sole res custody and decision making of our 4 yr old based on lies. Im taking it back to court this week in hopes that the judge will listen to a testimony the other party is wanting denied because it will prove they are liars. Im not from the state Im in and would like to move home, its just so difficult to do without my daughter because I was her sole provider for most of her life while her father was on a submarine.
    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #9

    Mar 28, 2009, 07:25 AM
    Thank you, thank you, thank you, thank you, thank you Fr_Chuck & ScottGem!!

    Your replies greatly help!! I've had 5 lawyers, and not one person informed me!

    Thank you so much!
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    stone1 Posts: 18, Reputation: 1
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    #10

    Jun 21, 2009, 02:26 PM
    Which law can I get jurisdiction changed to Virginia for prejustice and false.
    I've filled a change of venue when I received the advice from here. I should have filled a change of jurisdiction because I would try getting the jurisdiction to change from Syracuse, NY to Fairfax, VA since my ex-husband's wife is the assistant to another family court judge, and I've written to higher courts and got no wheres, and therefore I know I won't get a fair trial in NY. I never knew I could have brought this to another court system. I would have done that as soon as I knew.

    I was informed for the custody I would have to get Syracuse, NY to release themselves from jurisdiction, which they never would, but I was advised that the support can be heard in Fairfax, VA but I can't find the law it states that Fairfax can have jurisdiction since all prior preceedings were in Syracuse, but I have paperwork where they lied on all the financial documents, and he tranferred all his assets to his wife that he married right before the proceedings.

    I've been advice that I can bring the custody into another court house in New York but I've lived in Fairfax county for almost 5 years, and I've written to the higher courts, and know I won't get a fair hearing.

    I was advised that I can get the support hearing in Fairfax (Virginia) but I can't find the law. Do you know which law I can get Fairfax to have jurisdiction over the support for prejustice even thought there was a decision made in Syracuse for the full support without taking into consideration all his assets, all my debt and all the transportation I've been paying for over the last 5 years, etc. I've had to stop the visitation because I'm in major debt and can't afford the transportation costs anymore. I thought what is the most important thing in determining the support is the children?

    My hearing is on June 30th at 130pm, and any help would be greatly appreciated. I have hired another lawyer and he's working on trying to figure how out Fairfax could have jurisdiction but he advised me to ask other lawyers. Thank you again for all and any help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #11

    Jun 21, 2009, 02:46 PM

    Syracuse is going to have to release it, and there is going to have to be a reason for it.

    A ex husbands wife working for one of the judges, I really don't know if as long as you have a different judge that this could even be considered a problem for this. You may get it moved at most to another court in a near by county, but to another state I don't see this happening for the reason you are asking.

    So I have to say I don't see it happening.
    Support is normally based off standard percentages based on income that even paralegals have the charts. If you are not getting proper rulings then you can appeal and file a complaint with the bar association and with the chilf judge of the court
    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #12

    Mar 6, 2010, 02:24 PM
    Laws supporting notice of appeals for child custody and child support
    I filed a change of venue, and waiting to hear whether it has been approved or not. It should be approved based upon bias due to my ex-husband's wife is the assistant to a supreme court judge that sits in the same building of where all my child custody and child support has been for 10 years, including several errors intentional or not intentional. While I'm waiting for an answer, I wanted to find the laws that supports an appeal of custody and support. I think I'm OK for the custody since I filed the change of venue within the 30 day time of the last dismissal of my petition. I took action and needed a change of venue first before a notice of appeal. The child support order wasn't within 30 days but the original order was based upon falsified information and bias judge. Do you know what NYS law I would refer to supporting the appeal to the original support order?

    Also I filed the change of venue with the Appellate Supreme court, which they accept. Now I'm not sure which court level I would file my notice of appeals for temporary child custody, custody and support? Do I file the notice of appeal to the Appellate Supreme Court as well?

    The change of venue was easy to find on the internet but I'm having a really hard time finding laws to support filing an appeal outside of the timeframe stated on the orders even though it was bias and numerous errors occurred.
    stone1's Avatar
    stone1 Posts: 18, Reputation: 1
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    #13

    Mar 6, 2010, 03:25 PM
    Is this the right law to use to justify a notice of appeal at the appellate supreme level for the relief of child support because of the bias/prejustics?

    http://www.dec.ny.gov/hearings/11734.html
    The five standards set forth in CPLR 5015, and which govern the Department's consideration of any motion for reconsideration, include: excusable default; newly-discovered evidence which, if introduced at trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial; fraud, misrepresentation, or other misconduct of an adverse party; lack of jurisdiction; or reversal, modification or vacatur of a prior judgment or order upon which the judgment or order is based. CPLR 5015(a)(1)-(5). In order for the Department to grant a motion for reconsideration, a showing must be made that one or more of these standards apply.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Mar 6, 2010, 03:38 PM

    Yes, those are the general rules for appeal. You cannot appeal because you didn't like the verdict. Only if you can prove that some error of procedure was made. If you can prove that evidence was not considered that should have been or that a judge acted in a biased manner, then you stand a good chance of winning the appeal. However, be aware that you are asking a panel of judges to overturn one of their own, So the case for appeal needs to be ironclad.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #15

    Mar 6, 2010, 03:52 PM

    Yes, an appeal filed without an attorney has a lot less chance, since they will not accept it for just minor filing problems.

    Also I hope you get your change of venue, but you are going to have to show actual bias, the fact his new wife works in the same building for a judge in a differnet department, is most likely not going to be even considered a factor
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #16

    Mar 6, 2010, 04:16 PM

    At first I’d like to cite Scott,”You cannot appeal because you didn't like the verdict.”
    If you want to appeal that court decision you will have to prove that some error of procedure was made or there is newly discovered evidence.

    CPLR 5015
    1 standard- excusable default
    2 standard - newly-discovered evidence which, if introduced at trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial
    3 standard- fraud
    4 standard- misrepresentation, or other misconduct of an adverse party; lack of jurisdiction
    5 standard- modification or vacatur of a prior judgment or order upon which the judgment or order is based


    [QUOTE=stone1;2262446] It should be approved based upon bias due to my ex-husband's wife is the assistant to a supreme court judge that sits in the same building of where all my child custody and child support has been for 10 years, including several errors intentional or not intentional… The child support order wasn't within 30 days but the original order was based upon falsified information and bias judge. [QUOTE]

    I cannot see default,fraud,misrepresentation and misconduct in your case.You may use only the second standard-- newly-discovered evidence which, if introduced at trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial, but be ready to prove that the judge was in privity with your ex.
    I want to echo Fr_Chuck that the fact his new wife works in the same building for a judge in a different department, is most likely not going to be even considered a factor.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #17

    Mar 6, 2010, 04:19 PM
    [QUOTE=stone1;2262446]... the original order was based upon falsified information and bias judge. [QUOTE]
    Who falsified that information?
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    stone1 Posts: 18, Reputation: 1
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    #18

    Mar 6, 2010, 04:26 PM

    Thank you both so much! It is because of you 2 that I filed the change of venue. :-D I've submitted the change of venue and NYC did not reject it because of the format (thank god). I'm waiting to hear their decision. I think I will get the change of venue because my son is 16 yrs old and wants to live with me. My ex-husband sent me an email saying he will let him move to me but only if I sign an agreement stating that everything will stay in the same court house. Once my son moves to me, after 6 months, the jurisdiction is suppose to be my state. I did submit a lot of supporting documentation including the falsified support documentation and his financial disclosure (falsified court papers). I'm also going to request the last court transcript because the judge should have had a hearing for legal custody because we agreed on the residential or made a decision on his own for legal custody, and the judge insulted him several times because I don't think he knew who he was related to until the next day and which time he dismissed my petition. The judge made statements like "your just trying to drag this out, you don't have a leg to stand" in regards to shared legal custody when parents live in different states, "even if he told us what he wanted, I wouldn't believe him..." The judge also issued an order for my ex to pay $6K and $1K to pay for the law guardian. When I spoke with my ex the next day, he said I wouldn't have to pay anything. The judge set a trial date for March 8th, 2010. But yet the next day the judge issues a decision stating there's no change in circumstances.

    I know having a lawyer is the best thing but I can't afford it especially since my ex-husband is getting child support even though he doesn't have physical custody of my son (my son has been with my parents since December 8th because he doesn't want to live with his father and the father won't sign a legal document allowing me to move him to me unless I sign his agreement stating everything stays there). I'm supporting my son as well as giving my parents money to take care of him until I'm able to get him to me. Also the child support did not take into consideration other factors (which it was suppose to after I did research and submitted the change of venue) including transportation costs for years since he lives in Syracuse, NY and I live in Virginia, paying for airfare... which has caused severe debt for me, and had to stop visitation for 2 years.

    Thank you both so so so much!
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #19

    Mar 6, 2010, 04:35 PM
    Quote Originally Posted by stone1 View Post
    Thank you both so much! It is because of you 2 that I filed the change of venue. :-D I've submitted the change of venue and NYC did not reject it because of the format (thank god). I'm waiting to hear their decision. I think I will get the change of venue because my son is 16 yrs old and wants to live with me. My ex-husband sent me an email saying he will let him move to me but only if I sign an agreement stating that everything will stay in the same court house. Once my son moves to me, after 6 months, the jurisdiction is suppose to be my state. I did submit a lot of supporting documentation including the falsified support documentation and his financial disclosure (falsified court papers). I'm also going to request the last court transcript because the judge should have had a hearing for legal custody because we agreed on the residential or made a decision on his own for legal custody, and the judge insulted him several times because I don't think he knew who he was related to until the next day and which time he dismissed my petition. The judge made statements like "your just trying to drag this out, you don't have a leg to stand" in regards to shared legal custody when parents live in different states, "even if he told us what he wanted, I wouldn't believe him..." The judge also issued an order for my ex to pay $6K and $1K to pay for the law guardian. When I spoke with my ex the next day, he said I wouldnt have to pay anything. The judge set a trial date for March 8th, 2010. But yet the next day the judge issues a decision stating there's no change in circumstances.

    I know having a lawyer is the best thing but I can't afford it especially since my ex-husband is getting child support even though he doesn't have physical custody of my son (my son has been with my parents since December 8th because he doesn't want to live with his father and the father won't sign a legal document allowing me to move him to me unless I sign his agreement stating everything stays there). I'm supporting my son as well as giving my parents money to take care of him until I'm able to get him to me. Also the child support did not take into consideration other factors (which it was suppose to after I did research and submitted the change of venue) including transportation costs for years since he lives in Syracuse, NY and I live in Virginia, paying for airfare...which has caused severe debt for me, and had to stop visitation for 2 years.

    Thank you both so so so much!
    First off. Who moved? If it was you then the courts don't have to grant you anything for visitation costs. Another thing Im not understanding is how you think that when he moves with you and 6 months later its no longer in NY court? If that is where the original orders come from then that is where its going to stay so long as at least one of the parties still lives there. That's is federal law.
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    stone1 Posts: 18, Reputation: 1
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    #20

    Mar 6, 2010, 04:38 PM

    I do have numerous reasons for the improper conduct by the judges, including the above (having a hearing on legal custody), the support magistrate did not take into consideration other factors such as transportation costs, health insurance and current level of debt, as well as my ex-husband's financial disclosure was falsified which I stated to the magistrate which she wouldn't listen to. I have a huge package of information that I submitted for the change of venue, including 125 pages for custody and 90 pages for support. I'm trying to get together all the information/laws for the notice of appeal that will support the falsified information and misconduct of judges.

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